Sher-E-Punjab Co.Op.Housing Society ... vs Rajkumar C. Basantani And Ors on 15 January, 2020

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Bombay High Court

Sher-E-Punjab Co.Op.Housing Society ... vs Rajkumar C. Basantani And Ors on 15 January, 2020

Bench: A. S. Gadkari

                                                                  28-AO-314-2018.doc

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              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                           CIVIL APPELLATE JURISDICTION
                      APPEAL FROM ORDER NO. 314 OF 2018
                                     WITH
                       CIVIL APPLICATION NO. 412 OF 2018

Sher-e-Punjab Co-Operative
Housing Society Limited                                       ... Appellant/
                                                                  Applicant.
          Versus
Rajkumar C. Basantani and Ors.                                ... Respondents.

                                   ......
Mr. V. A. Thorat, Sr. Advocate i/b M/s. E. K. Sasidharan for the Appellant/
Applicant.
Mr. Purab Damania i/b S. S. Yadav for the Respondent No.2.
Smt. Madhuri More i/b J. J. Xavier for Respondent No.3.
                                 ......

                                    CORAM : A. S. GADKARI, J.

DATE : 15th JANUARY, 2020 P. C. :

1. There is consensus between the learned counsel appearing for the respective parties that, as per the annexures appended to the report dated 17th November 2019 submitted by the Surveyor appointed in pursuance of Order dated 9th September 2019, there is no clear identifiable demarcation in the said two portions of land i.e. CTS No. 368/5. There is no clear demarcation of display of boundaries of CTS No. 368/5 admeasuring 8060.195 sq.mtrs. and CTS No.368/5 (S.No.2, 3 & 4) admeasuring 1361.20 sq. mtrs.

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28-AO-314-2018.doc

2. In view thereof, the Surveyor i.e. M/s Shetgiri & Associates is hereby requested to submit a plan with clear demarcation, distinguishing the aforesaid two survey numbers in two different colours. This be done within a period of three weeks from today.

3. Learned counsel appearing for the respective parties are directed to produce the present Order before the concerned Surveyor.

4. Learned counsel for the respective parties, on instructions, further submitted that, necessary legal charges of the said Surveyor will be born by them and separate Order to that effect is not necessary.

5. Stand over to 12th February 2020.

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